Appeal before state set for Windup Lounge

September 27, 2012

The Windup Lounge of Traer will appear before the State of Iowa Alcoholic Beverages Division on October 10th for a hearing on the liquor license recently denied by the city.

The hearing, which is the next step in the process after a business is denied a liquor license by its local municipality, will occur at 1 p.m. that day in Des Moines.

The hearing is the result of a perceived lack of control at the Windup by the city. Monthly council meetings this year have included discussion of the business on several occasions, including the alleged fights that have taken place outside the business according to the sheriff's department.

At the July meeting, council members questioned a representative from the Windup who was present about these events, and the resulting conversation left some council members unsatisfied. The vote was 2-2 in the decision to renew the Windup's liquor license, which resulted in a denial and forwarding of the application to the Iowa ABD.

"Upon denial of the license from the local authority, the licensee has 30 days to appeal," Tonya Dusold, Communications Director at the Iowa ABD, said. "That appeal comes to us, however the administrative hearing is not held by us, but rather an administrative law judge (ALJ) who works for the Department of Inspections & Appeals, and that's the hearing that will be occuring on October 10th."

The hearing, which will have representation from both sides present either in person or via teleconference, is designed to give both parties a way to state their case.

"The city will have their time to say why they denied the application, and the licensee will present their case on why they disagree," Dusold said.

The hearing will be followed by a long enough period for the judge to make a decision, which is typically within 30 days, according to Dusold.

"After the hearing, usually within 30 days, the judge will issue a decision at which point both parties will have another 30 days to appeal that decision based upon the result," Dusold said. "That appeal, should it occur, will come to an administrator at the ABD, which will allow both parties to submit written briefs to be reviewed along with the original judge's decision."

Should either party be unsastisfied with the outcome of a second hearing, the case would go into the traditional court system.

For more information on the State of Iowa Alcoholic Beverages Division and to sign up for updates to the Windup case, visit www.iowaabd.com.